Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)

Citation: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Parent Document: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Jurisdiction: New York (state)
Effective Date: 2019-12-03
Original Source: https://www.courtlistener.com/opinion/4683577/grady-v-hessert-realty-lp/ ↗

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The motion court properly found that pursuant to Rent Stabilization Law (Administrative Code of City of NY) § 26-517(e), that plaintiff's rent was frozen at $1022.92 for the purpose of determining the amount of the overcharge. Defendants failed to file any rent registrations for the apartment after the registration of 1998. That registration reflected a rent of $1022.92. The imposition of a rent freeze reflects a statutory requirement. The Rent Stabilization Code (RSC § 2528.4) provides that an owner who fails to timely file rent registrations with DHCR is barred from collecting rent in excess of the base date rent, and is retroactively relieved of that penalty upon filing a proper registration only when "increases in the legal regulated rent were lawful except for the failure to file a timely registration" (see Nolte v Bridgestone Assoc. LLC, 167 AD3d 498, 499 [1st Dept 2018]; Matter of 215 W 88th St. Holdings LLC v New York State Div. Of Housing & Community Renewal, 143 AD3d 652, 653 [1st Dept 2016]). That is not the [*3]situation here.

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